puce_AFA Mediation Rules

Article 1: Scope
Article 2: Reference to the AFA
Article 3: The Mediator
Article 4: Time-limit for conduct a mediation process
Article 5: Confidentiality
Article 6: Conclusion of the mediation

Download Mediation Rules

Article 1: Scope

Article 1- §1

Under these Rules, mediation is a structured process whereby two or more parties to a dispute attempt by themselves to solve it with the assistance of a mediator.

Article 1- §2

Under these Rules, the use of mediation is independent of any use of arbitral proceedings. It may nevertheless be combined with the use of an arbitral or judicial proceedings.


Article 2: Reference to the AFA

Article 2- §1

A matter may be referred to the (« AFA ») ASSOCIATION FRANÇAISE D’ARBITRAGE by submitting a request for mediation pursuant to an mediation agreement or in the absence of such clause by joint request of the parties. The mediation agreement must refer disputes to the AFA and require that disputes which it covers be resolved in accordance with these Rules.

Article 2- §2

The request shall include:

  • Parties’ names, addresses and eventually these of any person representing parties in the mediation;
  • The mediation agreement or any agreement subsequent to the beginning of the dispute;
  • A brief summary of the dispute.

The request shall be accompanied by a filing fee of 1000 euros.

Article 2- §3

When receiving an unilateral request, the AFA acknowledges receipt of it and forwards this request for mediation to the other party who shall answer within two weeks from reception. Mediation will be implemented when and only if the informed party agrees to engage in the proposed process.

Article 2- §4

AFA informs the parties the amount of the deposit required to cover the administrative expenses and the fees and expenses of the mediator.


Article 3: The Mediator

Article 3- §1

Mediator is a third independent and impartial person whose mission is to help parties to solve their dispute. His name may be proposed by the parties or by the AFA In any case, it is the AFA who will proceed with the nomination of the mediator after reception of his declaration of independence.

Article 3- §2

The file will be delivered to the mediator as soon as he is appointed.

Article 3- §3

The mediator will have total freedom to conduct the mediation process in agreement with the parties.


Article 4: Time-limit for conduct a mediation process

The time-limit for conducting a mediation process is three months starting from the date of the first mediation meeting and after reception of payment of the required advance. This time limit is renewable if justified.


Article 5: Confidentiality

Article 5- §1

The mediation is confidential. This confidentiality applies to all communications oral or written between parties and or with the mediator, all documents concerning the mediation process and the settlement agreement shall confidential unless otherwise provided by law.

Article 5- §2

Later, in the course of arbitral or judicial proceedings no one will take advantage of information or document obtained during the mediation.

Article 5- §3

The mediator cannot be designated as arbitrator in the same dispute.


Article 6: Conclusion of the mediation

The mediation process shall end:

  • At the signature by the parties of a settlement agreement;
  • At the Mediator’s written request;
  • At the party’s written request.